0 3 0 2 0 
·---..ING TELEGRAM Ilp~rtment of Sta.ft 
INDICATE: D cower 
D CHARGE i:o 
UNCLA$SIF nm 

57 
Orfg!n 
ACTION: .lmlmbassy MAmm 2884 
CCM 


40 PH '6~ 
Infos 
L 
Em a sy1 s A"""781 of April 17~ 196.3

Eu'R 
SCI 

E 
N. S. 8a'fa1Ul8.b Visit 
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concern Following ~omments/rev~ed Spanish text of Savannah bilateral. 
1. We note Spanish draft omits standard provision on maintenance and servit"Jing (see Arti<'Jle VII Gaeek Agreement) • Since provision is uaeful to bot}?. oowitries9 ws wonder whether .-.1ssion was intentional. 
A~lvfY 
2. U.s. not J"G~at not authorized assume civil liability or 8%11' e>ther
NAVY 
,
AEG .. 
liability for dam.age ~~..,.., ...~·tg from nuolaar incident involYing the Savannaho
JUS WHB Stata:te governing terms UoSo may offer tor Savannah indemnification arrange­ments (Atondc Energy Act of 19549 as ~mended). aathorizes pa,-ment when there is liabilit7 under local law for consequences of a naclear incident itivolving th.e Savanna.ho The aggregate indemnity o.t .~f500,0009000 is available to coyer all legal liability resulting from such a nuclear incident regardless of where it OCCllrff"" UoS. law doos not authorize tfoS• to establish special rules of liability by meaM ot the agreeD1Gnt. If local law tbes liability solely and strictly on Savannah op;rat " ~.. U.S. can meet claims on that basis. We read ans proposal as an attempt to establish special substantive rllles for Savannah which in abserw of the agreement would not prevail in a 
Draftfld by~ 
AIC/GC = Mr. Pender 
AEC/.DIA = Mr. hl.l.f)rton
SCI = Mr. Price /fl' 
~l """ . 0 Ma·urer ( 1 ~aft) G/PM tEi4oo&:.'?t0~ THIS COPY rs 
j,/' ' 
. VlllLASS~ UNLES
PROHIBITED "UNCLASSIFIED" 

~~~MDS-322 

Page 2 of telegram to,_-AA..mmLJ!iEmmbabaJs~s~y~MAia.uDRtt.ID.LU.________________ _ 
UNCIASSIFIED 
The two paragraphs of Article IX sho11ld be designated (a) a (b) • Second ~ paragraph I£11£HJ'i~iA~agrapbiot Article X of Greek Agreement. The intent of that language was clarified in separate ~tters, particularl7 i..Jith respect to the fact that total awn of indemnification to be negotiated between the two governmerls would be payable from and limited to tbe $500 million covered in first par~~raph of the article. An e.J<cbange of letters between Greek Governmeht and u.s~ Government was requirEi.d. to clarify this pointo Copies of letter eJCch$nge being airpou.ched for 
·'ii. 
Embassy's background use. We prefer cover this point in Spanish agreement by 
sabstituti.ng following revised language for first sentence paragraph (b)g 
"In the event of a nuclear incident~ as dEfl.ned int his Agreement, the 
Government of Spain reserves the sovereign right to negotiate, as an alternative 
to the procedure provided for in Article VII, with the United States on behalf o:t' 
Spa.nish citizens or ether persons who are residents in Spain at the time of the 
incident and . ho claim daaages as a reailt ~ereof, or on behalf of their heirsj 
with a view to receiving an amount up to the total sum of $50GpOO,OOO specified 
in paragraph (a) of this Article for allotment to such persons of their heirs 
the 
by/Spanish Government." 
4. In CAc.9884 Embassy was farnillhed tentative 1964-1965 schedule for Savannahe Schedule will be confirmed as soon as possible. AlthoMgh a number of Agreements have bean concluded, several countries listed for visit have n t yet concluded negotiations on acceptance agreement. O~rating schedule requires immediate action in viaw technical and operating problems that must be resolved soono Embass7 reqnested to urge that interested GOS departments~~ resume consideration of r maining problems to i:erm\t their early resolution. Savannah negotiating 



,e of telegram to 


U?CLASSIFIED 
team will be in Vienna for meetings on other matters in mid-Apri and would be p.re= pared visit Spa:Li later that month to discuss and hopefally resolve remaining problems on Savannah bilateral. 
Wonld appreciate Embass7' s pressing for earliest review possible of foregoing comments and bilateral problems and advising by cable GOS reactions, a .nd if' Embass7 believes team visit at this time would be useful. 
IND 
RUSK 
lOOIASSIFIID